TX STATETexas Court of Appeals, 9th District (Beaumont)
1995

Crest Construction, Inc. v. Murray

888 S.W.2d 931Texas Court of Appeals, 9th District (Beaumont) • Decided 1995Modified

HOLDING

Jim Murray, a concrete subcontractor, signed a lien waiver while alive on the Beaumont Job. After his death, his widow Judy filed a mechanic's lien anyway, claiming she had rights to payment. The Texas court ruled that the lien waiver signed by Jim barred Judy from filing any lien claim, and her filing was tortious interference with Crest's contract rights. This case shows that lien waivers are binding and survive the signatory's death—heirs cannot override them.

KEY FINDINGS

Lien Waiver

A lien waiver signed during your lifetime binds your estate and heirs after death. They cannot file a lien you waived.

Lien Rights

Filing a lien after waiving your rights exposes you to liability for tortious interference with the contractor's business relationships.

FULL COURT OPINION